Policy Agenda 2010

FOLLOWING UP ON PAST ADVANCES

The CA and our allies have achieved a number of landmark legislative advances in recent years—but the work always continues. Once a policy has changed, we closely monitor its progress on the ground, engage in budget advocacy, meet with agency officials, and when necessary, join with other coalitions and concerned citizens to press for meaningful application of the legislation.

We are now actively involved in monitoring the implementation of the following policies:

Anti-Shackling Law: Passed in August 2009; bans the practice of handcuffing and shackling pregnant women during labor, birth and post-delivery recovery.

Department of Health HIV/ Hepatitis C Oversight Law: Passed in September 2009; mandates the New York State Department of Health to monitor the medical care provided to people living with HIV and hepatitis C in prisons and jails in New York.

LGBT Non-Discrimination Policy: Instituted in March 2008; outlines agency-wide policy and best practice guidelines for protecting the rights and promoting the welfare of lesbian, gay, bisexual and transgender youth in Office of Children and Family Services (OCFS) custody.

Rockefeller Drug Law Reform: Passed in April 2009; restores judicial discretion for broad categories of first and second time drug offenses, allows certain individuals currently incarcerated under the laws to apply for resentencing, and allocates $70 million in funding for alternatives to incarceration and drug treatment programs in prison and in the community.

Safe Harbor for Sexually Exploited Children Act: Signed into law in 2008; stops the criminal prosecution of children who are arrested for prostitution-related charges and creates a range of specialized services such as safe-houses, counseling, and crisis-intervention for exploited youth. Actual implementation of the legislation is set for this April, but is contingent on funding.

Special Housing Unit (SHU) Exclusion Law: Signed into law in January 2008; diverts most prisoners with mental illness from punitive disciplinary confinement, restricts prisons from placing them on restricted diets, and establishes minimum standards for mental health assessment and treatment.